Joan Phyllis Levy - Page 14

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          available under either subsection.  See Washington v.                       
          Commissioner, 120 T.C. 137, 146-147 (2003); see also Hopkins v.             
          Commissioner, 121 T.C. 73, 88 (2003); Block v. Commissioner,                
          supra.                                                                      
               When petitioner and Levy filed their joint returns for 1991            
          through 1999, they did not remit payment of the reported balance            
          due on those returns.  Petitioner thus acknowledges she does not            
          qualify for relief under section 6015(b) or (c) for the years               
          1991 through 1999, since there is no deficiency but rather an               
          underpayment in tax for each of those years.  See, e.g.,                    
          Washington v. Commissioner, supra at 146-147.                               
               The parties agree that for 1979 (unlike 1991 through 1999)             
          there is a deficiency, joint liability for which petitioner is              
          seeking relief under section 6015(b) or (c).                                
          A.  Relief Under Section 6015(b) for 1979                                   
               Section 6015(b)(1) provides:                                           
               SEC. 6015.  RELIEF FROM JOINT AND SEVERAL LIABILITY ON                 
               JOINT RETURN                                                           

                    (b) Procedures for Relief From Liability                          
               Applicable to All Joint Filers.--                                      
                         (1) In general.--Under procedures                            
                    prescribed by the Secretary, if–-                                 
                              (A) a joint return has been made for                    
                         a taxable year;                                              
                              (B) on such return there is an                          
                         understatement of tax attributable to                        






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